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Will any overpayment have to be paid back?

The rules concerning the administration of housing benefit overpayments are contained in the housing benefit regulations and other subsequent legislation.

The Council has a duty to implement these legal provisions, and has a duty to recover overpayments from the tenants and landlords.

The Council may also decide to take criminal proceedings in respect of fraudulent overpayments.

The majority of overpayments have to be paid back.  All overpayments are considered as to whether recoverable and if they are, from whom - yourself or your landlord.  

They may be recovered from your landlord if benefit is paid direct to your landlord and it was reasonable for the landlord to have known that the overpayment was occurring, e.g. you have moved out and written notice was given to the landlord. 

Overpayments that are caused by a mistake made by us or the Department for Work and Pensions may not be recovered unless you could reasonably have been expected to realise that the overpayment was occurring. Each case is looked at individually.